SECT. 8.—Dealers in Gunpowder.

No private individual can have more than 50 lbs. of gunpowder, and no dealer more than 200 lbs. in one building not a magazine, under forfeiture of the excess of powder, and the barrels containing it, and of 2s. for every 1 lb. of excess.1 Very strict rules are enacted for the conveyance from place to place of any amount of gunpowder exceeding 100 lbs. in weight.2

SECT. 9.-Sale of Bread.

Bakers must sell bread by weight (except French or fancy bread or rolls), under a penalty not exceeding 40s. and must use avoirdupois weight under a penalty not less than £2 or more than £5.3 Bakers must keep scales in their places of sale under penalties. The regulations apply to bread made of flour or meal, of wheat, barley, rye, oats, buck-wheat, Indian corn, pease, beans, rice, or potatoes, and with any common salt, pure water, eggs, milk, barm, leaven, potato or other yeast, and with no other ingredient. These penalties and others for adulteration and other offences, are recoverable before a justice or other magistrate."

SECT. 10.-Licensed Hawkers.

All chapmen and pedlars, before they can sell their wares, must be licensed, under a penalty of £25,-the rule is held to apply not only to traders perambulating the country, but to any person who sets up a temporary place of sale in a locality where he has not his usual residence.7 Hawkers must have every package or vehicle numbered, and the words "licensed hawker" distinctly marked on it, under penalty of £10.8 The same penalty is applicable where the mark is adopted by an unlicensed person, and where a hawker refuses on demand to show his license, to any magistrate or peace-officer, or to any person to whom he offers goods for sale. The act does not apply to goods sold in public market, or to any person selling printed papers within twenty miles of his residence, or to the sale of fish, fruit, or victuals, or to the sale of any fabrics by the maker or his servants, market-town.10

in any

1 12 Geo. III. c. 61, § 11.-2 Ibid. §§ 4, 5.- Ibid. §§ 6, 7.- 5 Ibid. § 2. c. 71, §§ 1, 6. Ibid. § 7.-9 Ibid. §§

8,

§ 18-22.-3 6 & 7 Wm. IV. c. 37, Ibid. §§ 8, 9, 17.—7 55 Geo. III. 10.-10 Ibid. §§ 15, 16.

CHAPTER III.

GAME.

THERE are two separate qualifications essential to a person entitled to kill game, the landed qualification and the payment of duty.

66

SECT. 1.-Landed Qualification.

66

66

The landed qualification consists of the possession of a plough," or ploughgate of land." The extent of a ploughgate" not being accurately ascertained, the simple possession of land is the practical qualification. It has been decided that, in virtue of long usage, a person so qualified may grant a deputation to an unqualified person to shoot over his lands.2 The penalty of acting without the qualification is £100 Scots (£8, 6s. 8d).3 Property only can give the qualification; it does not accrue to a lease, however long, or though perpetually renewable. A tenant cannot therefore kill game on his farm without a deputation from the proprietor.

The landlord, and persons deputed by him, may, at the same time, hunt and kill game at pleasure among the tenant's fields and enclosures, he having a claim for all damage occasioned.5

It is believed, however, that a tenant might interdict his landlord from hunting on land recently sown, as the damage would not be capable of exact appreciation."

A person not qualified as above, having in possession any hares, partridges, pheasants, muirfowl, ptarmigans, heathfowl, snipes, or quails, without leave from a qualified person, forfeits for the first offence 20s., and for all others £2, and in case of not paying within ten days, suffers imprisonment for six weeks in lieu of the former penalty, and for three months in lieu of the latter.7

1

1621, c. 31.-2 Trotter v. Macewan, 8th July 1809.-3 1621, c. 31.— Tait's J. P. 173. Earl of Hopetoun v. Wight, 17th January 1810.5 Ronaldson v. Ballantine, 21st December 1804, M. 15270.-6 Grigor on the Game Laws, 44.-7 13 Geo. III. c. 54, § 3.

SECT. 2.-Duty Qualification.

any

A game certificate is necessary for the killing of “ game whatever, or any woodcock, snipe, quail, or landrail, or conies." The duty paid is £3, 13s. 6d.; but a certificate may be obtained for a gamekeeper, for whom duty is payable as a man-servant, for £1, 5s. A person having the landed qualification in his own right, may employ an unqualified assistant, who must, however, bring no additional dogs or guns.2

A person acting without a certificate is liable in a penalty of £20, with costs, and the amount of the duty.3 Prosecutions must be brought within six months, and may be tried summarily before two commissioners of supply, or one commissioner who is a justice of the peace, though the parties be absent. The penalty may be mitigated to one-half; on default, it is levied by poinding, which, if ineffectual, is followed by six months' imprisonment. An appeal to the Court of Justiciary seems to have been intended, but the provisions of the act have been found insufficient to that end.1 Woodcocks and snipes may be taken by nets and springes, and conies or rabbits may be taken by proprietors of warrens, on any enclosed ground, or by the tenants of lands, or persons authorized by them, without certificate. A person found killing game by any assessor, commissioner, proprietor, or tenant of lands, gamekeeper, &c., may be required to show his certificate, and if he refuse, or give a false one, or (on failure of having it with him) give a false address, he is liable to the penalty.6

5

SECT. 3.-Day-Poaching.

An individual trespasser, in pursuit of game, forfeits a sum not exceeding £2, with costs. Where an individual disguises himself, or where persons to the number of five trespass, each person forfeits a sum not exceeding £5, with costs. Such trespasser may be required by any proprietor, tenant, gamekeeper, servant, &c., to leave the ground, and give his name and address; and if he refuse, or give an elusory address, he may be immediately seized and conveyed

1 48 Geo. III. c. 55, § 4, and Sch. L. 52 Geo. III. c. 93, Sch. L.-2 54 Geo. III. c. 141.-3 52 Geo. III. c. 93, Sch. L. Rule 12.-4 Ibid. Rule 13. Shanks u. Neilson, 20th December 1837, 1 Sw. 617.-5 52 Geo. III. c. 93, Sch. L. Exceptions.- Ibid. Rule 11.- 2 & 3 Wm. IV. c. 68, § 1.

to a justice of the peace, by whom he may be summarily adjudged to pay a penalty not exceeding £5. He must not be detained more than twelve hours untried, without prejudice to his being brought to trial, if dismissed at the end of that period. The penalties are not incurred by persons hunting or coursing, and in fresh pursuit of deer, hares, or foxes, started in other ground.2

Game in their possession may be seized from illegal trespassers.3 A trespasser assaulting a person acting under the powers of the statute is liable to a penalty not exceeding £5 (in addition to any other penalty incurred), and in default, to imprisonment not exceeding three months. Penalties go to the fund for the relief of the poor;5 in default of payment of the ordinary penalties, the justices may imprison with or without hard labour, for a period not exceeding two months.6 Witnesses not attending when summoned, or refusing to give evidence, are liable in a penalty not exceeding £5.7 An appeal lies from the decision of justices to the quarter sessions, on notice within three days after conviction, and seven days before the court meets.8

The daytime for the purpose of the act is to be deemed to commence at the beginning of the last hour before sunrise, and to conclude at the expiration of the first hour after sunset.9

SECT. 4.-Night-Poaching.

In the regulations as to night-poaching, the night is held. to commence at the expiration of the first hour after sunset, and to conclude at the beginning of the last hour before sunrise,10 and the word "game" is deemed to include hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards.11

A person entering upon land, open or enclosed, with instruments for destroying game, is liable to be imprisoned for a period not exceeding three months, with hard labour, and at the expiry to find caution, himself in £10, and two sureties in £5 each, or one in £10, for avoiding such offence for a year, or to be further imprisoned for six months. For the second offence the penalty, amount of security, the

1 2 & 3 Wm. IV. c. 68, § 2.2 Ibid. § 4.- Ibid. § 5.5 Ibid. § 7.6 Ibid. § 8.- Ibid. § 10.- Ibid. § 14.10 9 Geo. IV. c. 69, § 12.-11 Ibid. § 13.

Ibid. § 6.Ibid. § 3.

period to which it extends, and the imprisonment on failure, are doubled. The third offence may be punished with transportation for seven years, or imprisonment, with hard labour, for a period not exceeding two years.1 Persons to the number of three entering on land for the purpose of killing game, with fire-arms, bludgeons, or other offensive weapons, are liable to be transported for a term not more than fourteen or less than seven years, or to imprisonment with hard labour for a term not exceeding three years.2

Owners and occupants of land, and lessees of game, and their servants, may pursue and apprehend night trespassers, and convey them before any two justices; and if any such trespasser offer violence with an offensive weapon, he becomes liable to transportation for seven years, or to imprisonment and hard labour for a period not exceeding two years.3

4

Where transportation is not the punishment, the case may be tried by any two justices, with appeal to the general or quarter sessions, as in day-trespassing. Sheriff's have a cumulate jurisdiction with the justices. Transportable offences are tried by the Court of Justiciary.5

By an act of 1844, the whole restrictions, penalties, and punishments applicable to night trespassers as above, “shall be applicable to, and imposed upon any person by night unlawfully taking or destroying any game or rabbits on any public road, highway, or path, or the sides thereof, or at the openings, outlets, or gates from any such land into any such public road, highway, or path, in the like manner as upon any such land open or inclosed."6

SECT. 5.-Forbidden Time.

The forbidden time for muirfowl and ptarmigan is between the 10th December and 12th August. For heathfowl between 10th December and 20th August; for partridges between 1st February and 1st September; and for pheasants between 1st February and 1st October. Any person killing, taking, possessing, selling, or buying game in forbidden time, forfeits £5 for each bird; and in case of failure to pay within ten days, is liable to two months' imprisonment for each £5.7 The penalties do not apply to the case of pheasants or partridges kept in mews or breeding-places.8

1

4

9 Geo. IV. c. 69, § 1.- Ibid. § 9.-3 Ibid. § 2.- Ibid. §§ 5, 6.5 Ibid. §§ 10, 11.-67 & 8 Vict. c. 29.-7 13 Geo. III. c. 54, § 1. 39 Geo. III. c. 34.- 13 Geo. III. c. 54, § 2.